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Unformatted text preview: Chapter 33
Labor and Employment Law (Omit p939 (at "Labor Unions") to middle of p 944) What is a job offer?
"We offer you a position as an entry level gopher/ceo for a starting salary of $86,000 per year, starting date August 15, 2009." What is this? What is a job offer?
What if the employer tells you in May that there is no job for you, and for you to have a nice life? What is a job offer? Most are offers for a unilateral contract, where the company promises to pay if you do the work, but that the arrangement can be cancelled at any time. Exceptions: coaches, teachers, movie stars At-Will Doctrine Either party can end an employment arrangement at any time for any reason or no reason at all The basic rule is still law, but there are many exceptions now At-will doctrine exceptions Contract Specific contract Policy manuals Statements Tort (infrequent) Public Policy Statute Fair Labor Standards Act Many regulations on hours of employment, conditions, ages of workers, etc. Overtime hours are week by week Overtime is not applicable to "exempt" employees 2004 Amendments broadened employees w/ mandatory overtime OSHA Occupational Safety and Health Act Administration Safety of Workers Specific and General Standards Many, many regulations Workers' Compensation Ease of recovery for injured workers Employer loses defenses: Contributory negligence Fellow servant doctrine Exclusive Remedy Insurance-funded Social Security More than retirement Not a savings plan Survivors' benefits Disability benefits Payment based on work and salary history Full benefit age rising to 67 ERISA Relates to Pension Plans No one must have one But if you do, act sets reqs: Funding Vesting Reporting Investing Management Family and Medical Leave Act Companies w/ 50+ employees Employed for one year and 1250 hours or more in last 12 months Up to 12 weeks unpaid leave: Birth and/or care of child Placement of child adopt/foster Employee health condition/unable to do job Care for spouse, child or parent Family and Medical Leave Act 2008 changes Two new situations for leave Up to 26 weeks to care for relative (spouse, child, parent or next of kin) injured in active military service 12 weeks for employee if called for military duty (no illness needed) Employee 30 day notice to employer, if possible Employee Privacy Rights Some statutory protection Business: Can monitor employee business communications (but not personal) Employee can consent Internet use monitoring ...
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